Jun 20

Coloradans can expect another TABOR windfall. How much depends on voters in November

Coloradans can expect another TABOR windfall. How much depends on voters in November

Story by Nick Coltrain, The Denver Post • 5h ago

Gov. Jared Polis signed SB23-303, Reduce Property Taxes and Voter-approved Revenue Change and SB23-304, Property Tax Valuation in front of the home of Joe Lloyd Medina, 78, in Commerce City on Wednesday, May 24, 2023.

Gov. Jared Polis signed SB23-303, Reduce Property Taxes and Voter-approved Revenue Change and SB23-304, Property Tax Valuation in front of the home of Joe Lloyd Medina, 78, in Commerce City on Wednesday, May 24, 2023.© Hyoung Chang/The Denver Post/TNS

Colorado economic forecasters predict another tax refund windfall next spring — though how Coloradans receive the excess collections depends on how they vote this November.

Forecasters for both the legislative and executive branches expect tax collections subject to Taxpayer’s Bill of Rights, or TABOR, caps to exceed $3.3 billion. That would be near the prior year’s record that lawmakers refunded through direct checks last fall. Following year forecasts still show excess collections, though not nearly as eye-popping.

The excess collections will surely become a point of leverage in a looming ballot box battle over state tax policy. Voters will decide this November on Proposition HH, a multi-faceted proposal aimed to blunt the sharpest edges of rising property taxes while also allowing the state to keep more tax dollars than currently allowed under TABOR.

Opponents are arguing its passage would lead to a long-term vacuuming of tax dollars that would otherwise be returned to taxpayers. Supporters, including Gov. Jared Polis and many lawmakers, argue the measure is necessary to backfill local governments and services whole while saving property owners hundreds of dollars a year in higher taxes driven by skyrocketing property values.

As an additional carrot, lawmakers attached a one-year, flat TABOR refund to the proposal passing. Economic forecasters with the Governor’s Office of State Planning and Budgeting predict individual taxpayers would receive $873 per filer — if HH passes. Forecasters for the legislative branch, who estimate a slightly lower breach of the TABOR cap, predict it would be about $854.

If Proposition HH doesn’t pass, the state would revert to the six-tier refund mechanism that gives lower-income taxpayers lower refund amounts, and higher-income taxpayers higher refunds, under the philosophy that higher-income taxpayers paid more into the overcollected taxes.

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Jun 20

Coloradans have voted on 36 TABOR-related ballot measures since 1993, rejecting 69% of them

Coloradans have voted on 36 TABOR-related ballot measures since 1993, rejecting 69% of them

Coloradans have decided on 36 statewide ballot measures that were designed to increase revenue for the state, which required voter approval under TABOR. Of the 36 measures, 11 (30.56%) were approved and 25 (69.44%) were defeated.

Colorado’s Taxpayer’s Bill of Rights (TABOR), adopted in 1992, was designed to require statewide voter approval of all new taxes, tax rate increases, extensions of expiring taxes, mill levy increases, valuation for property assessment increases, or tax policy changes resulting in increased tax revenue.

Of the 36 measures, 17 were referred to the ballot by the state legislature and 19 were placed on the ballot through citizen initiative petitions. Of the 11 approved measures, 10 were referred to the ballot by the state legislature and one was a citizen initiative.

Highlights:

 

  • 14 of the measures were designed to increase a tax. Of the 14 measures, two were approved and 12 were defeated. In 2004, voters approved an initiative to increase the tobacco tax to fund educational and healthcare programs. In 2020, voters approved a measure placed on the ballot by the state legislature to increase tobacco taxes and create a tax on nicotine products to fund health and education programs.

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Jun 20

TABOR and the 2023 legislative session

TABOR and the 2023 legislative session

We follow the bills as best we can, but do not rate them, relying instead on the excellent and thorough Colorado Union of Taxpayer’s work and that done by others, such as the Republican Liberty Caucus.  There were a few good ideas and plenty of bad ones, but we focused only on those that affect TABOR.

The General Assembly pretty much left the Taxpayer’s Bill of Rights alone until the final week of the legislative session.  Then, legislators dropped a big negative on Colorado with a bill to place Proposition HH on the ballot this fall.

The entire idea is bad.  It is very complex and convoluted legislation that proponents tout as lowering your property taxes.  It fails.  The Gallagher Amendment was repealed a couple years back.  That action removed the method to tamp down increases in residential property taxes.  With property taxes threatened to soar next year, Proposition HH (Senate Bill 23-303) takes money owed back to the taxpayer to reduce some (perhaps half) of the property tax increase.  It literally uses a big tax increase by taking your TABOR rebates in order to pay down your property tax increases!  Dastardly.  Sneaky.  Terrible.

What is your TABOR Committee doing about it?  We brought together like-minded organizations to protect TABOR by defeating this crumby, lose-lose measure, in which only the government benefits.  The new coalition will function as a clearinghouse and share ideas and efforts, although no strong core has materialized as yet.  Your TABOR Committee already filed to set up a statewide issue committee (a legal necessity to conform to election requirements).  We funded it with seed money and secured a matching donation.

Are you torqued off yet?

Please join the fight by volunteering.  Let your interest be known by emailing info@TheTaborCommittee.com or calling 303-747-7460.  Please also donate to our efforts by sending a check to the TABOR Coalition at 720 Kipling, Suite 12, Lakewood 80215.

Proposition HH has more pieces to it – a hike in the State revenue and spending limitation that allows government to grow faster than the private sector and a provision about the senior exemption.  One of our allies filed a lawsuit because the measure violates the single-subject rule.  It has been joined by a dozen local governments!

A different measure on the fall ballot asks voters to allow the State to keep higher marijuana taxes.  A provision in TABOR requires proposed tax increases to estimate the amount to be raised.  In order to keep governments from monkeying with the estimate, any overage must be returned and the rate adjusted downward, unless the taxpayers in a second vote allow the higher receipts.

There was another anti-TABOR bill that adjusts some definitions on insurance premiums taxes.  TABOR does not allow arguments that any higher taxes are too little to care about (de minimis).  But, in a lawsuit several years ago filed by the TABOR Foundation (our sister organization), the Colorado Supreme Court errantly imposed a de minimis provision.  We cannot fight the precedent set then, and the amount this year truly is small – less than $7,000.

Jun 09

TABOR’s Penn Pfiffner Talks With Famed Economist Dan Mitchell About Prop HH

TABOR’s Penn Pfiffner Talks With Famed Economist Dan Mitchell About Prop HH

Jun 06

Colorado Democrats Play Tax Games

Ever since the state turned Blue, Democrat politicians have been trying to get at the Taxpayer Bill of Rights (TABOR), which is in the Colorado Constitution.

They are at it again. This time, Democrat legislators and Governor Jared Polis seem to be trying to trick voters into giving away TABOR refunds they are due to get a little property tax relief.

#DontBeFooled
#ItsYourMoneyNotTheirs
#VoteNoOnPropHH
#VoteOnTaxesAndFees
#FeesAreTaxes
#TABOR
#ThankGodForTABOR
#FollowTheMoney
#FollowTheLaw

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May 25

TABOR Coalition Launches to Protect Refunds, Taxpayers

NEWS RELEASE

FOR IMMEDIATE RELEASE: MAY 24, 2023

CONTACT: Caitlin Gallagher Blundell,?cgallagher@standtogether.org?? 

 

TABOR Coalition Launches to Protect Refunds, Taxpayers 

 

Organizations across Colorado have come together to protect taxpayers & oppose any attempt to take away TABOR refunds 

 

DENVER, CO – Today a coalition of organizations came out in opposition to any attempt by the legislature or special interest groups to take away Taxpayer’s Bill of Rights (TABOR) refunds. Colorado is expected to return $2.7 billion to taxpayers in the coming year.

 

“While special interests and politicians have been busy looking for ways to withhold TABOR refunds over the last several months, Americans for Prosperity, our activists and coalition partners have been busy contacting voters across the state,” said AFP-CO State Director Jesse Mallory. “Families have already received two rounds of TABOR refunds and polling has shown TABOR is more popular than ever. Trying to convince voters to weaken TABOR and eliminate refunds will be a nearly impossible ask.” 

 

Coloradans benefit from TABOR refunds and these organizations have pledged their support to protect taxpayers from any attempt to interfere with them. The organizations are:

  • Advance Colorado
  • Americans for Prosperity-Colorado
  • Broomfield Taxpayer Matters
  • Centennial Institute
  • Colorado Union of Taxpayers
  • Colorado Women’s Alliance
  • Independence Institute
  • Liberty Scorecard
  • Lincoln Club Colorado
  • Springs Taxpayers United
  • Steamboat institute
  • TABOR Committee

 

BACKGROUND:

The coalition came out in opposition to any attempts by the legislature or special interest groups to take away TABOR refunds from the taxpayers they belong to. Colorado is expected to return $2.7 billion to taxpayers in the coming year.

Recently, Governor Polis and lawmakers tied TABOR refunds to the state’s skyrocketing property tax.

For more than 30 years, Coloradans have benefited from TABOR refunds. The coalition and its members pledge support to protect taxpayers from any attempt from Gov. Polis and the General Assembly to take away their rightful, hard-earned return.

 

For further information or an interview, reach CAITLIN GALLAGHER at cgallagher@standtogether.org or (206) 402-8432.  

 

Through broad-based grassroots outreach, Americans for Prosperity (AFP) is driving long-term solutions to the country’s biggest problems. AFP activists engage friends and neighbors on key issues and encourage them to take an active role in building a culture of mutual benefit, where people succeed by helping one another. AFP recruits and unites Coloradans behind a common goal of advancing policies that will help people improve their lives. For more information, visit www.AmericansForProsperity.org

 

To view this release online click here.

May 15

Dem’s last hour bill promises $600 TABOR refund for one year, then kills TABOR

The devil is in the details behind all the weekend media headlines proclaiming equal TABOR refunds, but only if voters approve Prop HH that is disguised as a property tax cut.

It’s a con job that would make Charles Ponzi proud.

The last hour bill comes as the legislative session grinds to a close today. It came with zero review or input from the public and most of your elected lawmakers.

The bill — sponsored by Democratic Reps. Chris deGruy Kennedy and Mike Weissman, as well as Democratic Sens. Chris Hansen and Nick Hinrichsen — was immediately heard Saturday afternoon in the House Appropriations Committee, where it passed on a 6-4, party-line vote. The measure’s introduction was such a surprise that the bill wasn’t posted on the legislature’s website when the committee hearing began.

 

Republicans in the House said they had no idea House Bill 1311 was coming and were furious. “Buckle your seatbelt,” said Rep. Rod Bockenfeld, a Watkins Republican, signaling the GOP will mount major opposition of the legislation.

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